Many of today’s federal lands are located on the ancestral homelands of federally recognized Tribes (“Tribes”). Many Tribes maintain ongoing physical, cultural, spiritual, and economic relationships with their ancestral homelands. Tribes may seek access to federal lands or input into federal land management decisions because of the large amount of land currently owned by the federal government that once was tribal land. In addition, Tribes with lands close to federal lands also may seek to influence federal land management. These tribal interests may complement, or they may conflict with the preferences of other stakeholders’ preferences for land management. Tribes have historically had the opportunity to provide input on federal land management decisions through a variety of mechanisms. Historically, Congress ratified treaties in which Tribes reserved rights to access resources on their ceded lands (which are now federal lands), forming the basis for partnerships. In certain instances, Congress has required federal-tribal consultation. Congress also has passed site-specific laws encouraging cooperation or co-management on particular federal lands, such as national monuments. More broadly, Congress has authorized federal land management agencies to partner with nonfederal entities including Tribes using various legal instruments and has provided tribal-specific authorities such as Indian Self-Determination and Education Assistance Act contracts or compacts. In recent decades, many Tribes have advocated for a more robust, long-term, and formal role in managing federal lands to which they have a connection. This type of tribal involvement in federal land management is referred to as federal-tribal co-management. Although there is no statutory definition, generally, co-management refers to the sharing of management power and responsibility between the federal government and nonfederal entities, typically through a formal agreement. In general, tribal co-management involves varying degrees of tribal influence in federal decisionmaking, as shown below: Federal-Tribal Co-Management Spectrum / Source: Congressional Research Service. The U.S. Departments of the Interior, Agriculture, Commerce, and Defense are among the federal executive agencies that have implemented tribal co-management of natural, historical, and cultural resources on federal lands. This co-management has ranged from upholding tribal treaty fishing rights in the Pacific Northwest to managing subsistence wildlife in Alaska to restoring watersheds within national forests. These departments and Tribes have also co-managed historic and cultural resources on national monuments. Congress may continue to consider the suitability and effectiveness of federal-tribal co-management of federal lands. Federal-tribal co-management on federal lands may help federal agencies achieve congressional priorities. It can provide an opportunity to integrate unique Indigenous knowledge with contemporary resource management policies to meet mutual objectives. At the same time, Congress and agencies may also find it challenging to weigh various tribal interests, such as protecting tribal sacred sites, with other statutory mandates and interests. Congress also may consider the scope of activities allowed under co-management agreements on federal lands, including whether agencies may delegate certain activities to Tribes. Finally, Congress may consider the administrative and financial benefits and challenges facing agencies and Tribes in implementing these agreements.
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